Lawyer Gavrishev called the reasons why it is possible to replace military service with an alternative civilian oneAlexey Gavrishev, Managing Partner of AVG Legal, told Izvestia on Thursday, October 27, what the essence of alternative civil service in Russia is.
According to him, alternative civil service is an ordinary job instead of military service. Such service can be performed in departmental structures or in state institutions as simple civilian personnel. So, you can, for example, serve as a driver, secretary or, conditionally, an assistant orderly.
The duration of such service is 21 months, which is slightly longer than the passage of ordinary military service.
"However, instead of a barracks, you will live in a hostel or you can rent an apartment. You can also live in your apartment, it all depends on the location of both the apartment and the institution in which the alternative civil service will be held. Moreover, an employment contract will be signed with you, according to which you will have the right to leave, pay for sick leave (in case you suddenly get sick), you will be able to receive wages," Gavrishev said.
It is possible to replace military service with alternative civil service for two reasons: if military service contradicts a person's religion or beliefs, or if the person called up for military service is a representative of small indigenous peoples.
According to the expert, according to Part 3 of Article 59 of the Constitution of the Russian Federation, a Russian citizen has the right to replace military service with alternative civil service, if his beliefs or religion contradicts military service. According to him, formally such a possibility is provided for by the Constitution, but the regulation on this issue contains many gaps.
"This is due to the fact that the law on mobilization does not contain information about alternative service, and the law on alternative service itself contains information that the procedure for its passage is established by other federal laws and other regulatory legal acts adopted in accordance with them. Of course, the lack of full—fledged regulation can lead to excesses on the ground, when criminal cases were initiated for refusal of military service with a request to replace it with an alternative one, citing the fact that there is currently no law that would determine the procedure for this replacement," the lawyer stressed.
In this regard, he suggested that in the near future either the relevant regulations will be adopted, or the alternative service will be of an exceptional nature, although guaranteed by the Constitution.
Earlier that day, the State Duma adopted a law in the third reading, according to which citizens undergoing alternative service in the ranks of the army as civilian personnel, when mobilization is announced, continue to undergo it. And those who have received the right to undergo alternative service in civilian structures can be redirected to army formations.
On September 26, the website "We explain.The Russian Federation" reported that citizens called up for partial mobilization will receive from 195 thousand rubles a month. In addition, it was reported that they will receive the status of a combat veteran, providing for such benefits as utilities, tax, medical and labor. At the same time, additional incentive payments will be introduced by the decision of the heads of individual subjects.
On July 14, Russian President Vladimir Putin signed a law on granting veteran status to civilians taking part in the SVO. We are talking about civilian personnel of the Armed Forces of the Russian Federation, repair crews, doctors and other specialists. According to the speaker of the State Duma Vyacheslav Volodin, previously they could get such a status if they were injured while performing tasks.
On February 24, Russia launched a special operation to protect Donbass. The decision was made against the background of the aggravation of the situation in the region as a result of shelling by the Ukrainian military.
For more relevant videos and details about the situation in Donbass, watch the Izvestia TV channel.
